Current Legislation Research Articles

The neglect of protection for undocumented Migrant Workers within the framework of Human Rights Law

The safeguarding of fundamental rights for undocumented migrant workers represents a critical challenge that necessitates immediate attention. This article addresses the oversight within the human rights discourse regarding the fundamental rights of undocumented migrant workers. Through empirical normative research, incorporating a comprehensive review of normative literature, this study critically examines the regulations affecting migrant workers through the lens of human rights. It identifies a significant correlation between the lack of protective guarantees for undocumented migrant workers and the various cases and consequences that ensue. From a human rights perspective, regulations prioritize equality before the law, protection, and anti-discrimination. This stance contrasts with existing laws that govern Indonesian migrant workers, wherein protection is exclusively extended to those legally recognized. Such exclusivity denies undocumented migrant workers the assurance of their fundamental rights. Arguably, the provision of basic rights and protections should be indiscriminately extended to all migrant workers, irrespective of their legal status. While the specifics of migrant worker placement can still be regulated concerning requirements, processes, involved parties, and responsibilities, these regulations must not infringe upon the fundamental human rights of individuals. Consequently, this paper advocates for a thorough evaluation of current legislation with respect to its content, the comprehension of involved stakeholders, and the practical implementation of regulations concerning the management of migrant workers.

About "economic imperialism" and some of its manifestations in the humanities and in practice

This article discusses the problem of «economic imperialism» as the desire of representatives of economic science to apply economic methodology to other socio-humanitarian sciences. A number of curious cases resulting from this have been analyzed. Particular attention is paid to the expansion of the economy into psychology. It has been established that such expansion, along with the enrichment of methodological tools, entails a number of negative consequences both in science and in psychological practice. It is proposed to neutralize the consequences of this expansion, including by reforming the current legislation.

Охотхозяйственное соглашение как гражданско-правовой договор

The article discusses issues related to legal regulation in the field of hunting and conservation of hunting resources. Special attention is paid to the civil law regulation of property relations, primarily those of obligations arising in connection with the conclusion and execution of a hunting agreement. As a result of the analysis of the legislative provisions of the Federal Law “On Hunting”, contradictions of certain norms of the Federal Law “On Hunting” to each other, as well as the legislative provisions of the Federal Law “On Hunting” to the legal requirements of the Civil Code of the Russian Federation, the vagueness and incompleteness of some legislative provisions of the Federal Law “On Hunting” were revealed. In such circumstances, the practical application of the provisions of the Federal Law “On Hunting” by participants in civil turnover is difficult or impossible, and may also lead to negative legal consequences. We consider it necessary to eliminate contradictions between the legislative provisions of the Federal Law “On Hunting” and the current legislation. It is proposed to resolve these issues by making amendments and additions to the legislative provisions of the Federal Law “On Hunting”, in particular, to the norms on the definition of a hunting agreement, its parties and content. This will improve the quality of the legislative provisions of the Federal Law “On Hunting” and ensure the possibility of their correct practical application by participants in property turnover, since there is a need for this. When writing the article, the following methods were used: general scientific (formal-logical, systemic, structural-functional), general logical methods of theoretical analysis, private scientific methods, including formal-legal and technical-legal analyses.

Особенности наследования детьми, зачатыми и рожденными в результате реализации посмертных репродуктивных программ

The practical application of posthumous reproductive programs, in which the conception and birth of a child (children) occurs after the death of the parents or one of them, has led to the possibility of new potential heirs appearing some time after the death of the testator (potential parent or potential parents). In this article, the author examines the legal status of "postmortem" children, both in domestic and foreign inheritance law. Based on the analysis of the norms of current domestic and foreign legislation, the author concludes that it is necessary to improve the current Russian legislation in the field of inheritance rights in the implementation of posthumous reproduction.

Legal nature of the preliminary agreement according to the current legislation of Ukraine

Legal nature of the preliminary agreement according to the current legislation of Ukraine

Towards the Corporate Social Responsibility on Labour in the Era of New-Generation Free Trade Agreements: The Case of EVFTA

The article gives an in-depth understanding of the commitment to corporate social responsibility (CSR) on labour under the new generation of free trade agreements (FTAs) of the European Union (EU), and especially, the EU – Vietnam Free Trade Agreement (EVFTA). Following that, via the EU’s foreign and trade policies, this research clarifies the history as well as the evolution of the CSR commitments in the EU’s new generation FTAs. On that basis, this article also delves into the nature of CSR commitments related to labour in the EVFTA. Last but not least, the article reviews the current legislation of the EU and its member states as partners and suggests different policy implications that Vietnam and other developing nations might adopt to execute their CSR commitments in the context of global sustainable development.

MECHANISM OF TAX CONSULTING IN THE MANAGEMENT OF THE TAX COMPONENT OF ENTERPRISE ECONOMIC SECURITY

The article considers the mechanism of tax consultancy as an important element of the management of the tax component of the economic security of an enterprise, which is particularly relevant in the context of constant changes in tax legislation and growing requirements for transparency of financial statements. Tax consultancy is a complex process of providing companies with qualified assistance in the field of tax planning, optimisation of tax liabilities and management of tax risks. It is substantiated that tax consulting not only helps to reduce the tax burden, but also ensures compliance of the company's tax policy with the requirements of current legislation, which, in turn, is a guarantee of long-term stability and financial sustainability of the company. The article examines the structural elements of the tax liability management mechanism, which include tax planning, ensuring conditions for timely and correct calculation of tax liabilities, as well as organisational and control components. Particular attention is paid to the analysis of the tax planning process as one of the key stages of tax consulting. It is determined that effective tax planning allows an enterprise to optimise the structure of income and expenses, thereby reducing the tax burden and ensuring the rational use of financial resources. This paper considers the methods of ensuring compliance with tax reporting requirements as an important factor in the process of tax consulting. The function of tax consultancy in the formulation and execution of strategies designed to mitigate tax risks and enhance the efficacy of enterprise financial management is established. The necessity of utilising contemporary information technologies in the domain of tax consulting is underscored, as this enables the enhancement of the precision and efficacy of managerial resolutions pertaining to taxation. It can be concluded that effective tax consulting plays a pivotal role in enhancing the economic resilience of an enterprise. It serves to fortify the enterprise against external and internal threats, including those posed by shifts in the tax environment and economic challenges.

Enhancing fairness, transparency and accountability during tendering under Ghana’s procurement system: a systematic review

PurposeGhana’s legal framework for procurement has undergone substantial reform to increase its efficacy. However, disregard for legal obligations set forth has resulted in issues of fraud, corruption and poor oversight. This study seeks to synthesize literature on the recognition of legal obligations arising from tendering procedures and measures to promote fairness, transparency and accountability under Ghana’s procurement framework.Design/methodology/approachLegal frameworks and publications from diverse countries have been synthesized using a systematic literature review across three databases (Scopus, JSTOR and HeinOnline) to illuminate key concepts, issues and best practices relevant to the study. Data obtained from included publications was synthesized using Sandelowski and Barroso’s two-step approach by using a qualitative meta-summary and thematic synthesis.FindingsThe study reveals that issues of conflict of interest, corruption, lack of capacity, inadequate oversight and insufficient legal follow-through hinder the effectiveness of procurement regulations. The findings highlight the need for targeted improvements in resource allocation for consistent application of transparency measures, regular publication of notices and robust enforcement of accountability mechanisms. The report proposes the creation of a common data environment for networking and information dissemination, implementing feedback systems and trust rating schemes.Practical implicationsThe study contributes to the body of knowledge on procurement regulation by providing a thorough analysis of Ghana’s procurement framework. The findings will help policymakers close the observed implementation gaps by guiding the revision of current legislation and the introduction of new regulations. Research findings can be used to guide the creation of focused training courses.Originality/valueThis study, one of the first of its kind in Ghana, examines the current procurement framework, including legal obligations and implementation challenges. It contributes to the body of knowledge on the subject by providing a current and fact-based analysis as well as relevant recommendations for strengthening the framework.

Physicochemical and microbiological analyzes of Tetragonisca angustula, Melipona mondury and Scaptotrigona postica honey from the first public meliponary in Marília City (São Paulo – Brazil)

Native stingless bees (NSBs) are widely distributed in Brazilian territory. They are responsible for pollinating plants, maintaining biodiversity, and producing honey, a natural and therapeutic sweetener, used by different populations. This study aimed to identify physical, chemical, and microbiological characteristics of honey samples collected during the first harvesting of Tetragonisca angustula, Melipona mondury, and Scaptotrigona postica bees kept in the first public meliponary situated in Marília, São Paulo state, Brazil. Samples were collected directly from NSB’s hives in the meliponary and sequentially matured in plastic bottles with airlock valves, duringn 90 days, in the Physicochemical Analyzes Laboratory at Fatec Marília. Subsequently, analyzes were carried out to determine pathogenic and spoilage microorganisms. In addition, analyzes to determine free acidity, reducing sugars, total soluble solids, apparent sucrose, humidity, insoluble solids, pH, water activity, and hydroxymethylfurfural were performed. Results showed the presence of molds and yeasts. Nevertheless, because the values agreed with the current legislation and the pathogenic and deteriorating contaminants were absent in the honey samples, one may suggest that they were brought to the hive by bees, since floral nectaries are their normal habitats. The physicochemical parameters, with the exception of reducing sugars, agreed with other scientific studies and reinforced the proposal for technical regulation, considering the absence of specific national legislation for NSB’s honey. Therefore, it is considered relevant to establish regulations for NSB’s honey to define identity and standard requirements to guarantee safe consumption and direction for scientific studies in the area.

Assessing the sustainability of Blue Economy activities using an ecosystem and life cycle-based approach: Possibilities, challenges and implications for an informed policy making

The global ocean faces increasing exploitation to meet the demand of a rapidly growing globalisation. Human marine activities are leading to local environmental pressures/benefits, for example on marine ecosystems and their services, but also through their value chains on terrestrial ecosystem services, and to global pressures such as global warming. Effective management of marine activities is essential for the conservation of the natural environment. There is a growing need for holistic sustainability assessment tools capable of quantifying environmental impacts at various geographical scales, alongside evidence-informed policies. This study examines the evolving marine policy landscape, identifies key legislation that supports the sustainable growth of the Blue Economy, traces its historical development, and explores the integration of ecosystem services assessment and life cycle assessment as methodologies for assessing environmental sustainability within this legislation. The review shows that current legislation falls short in providing instructions on how to measure sustainability impacts in a consistent way, i.e., which methods/indicators to use. Therefore, this study supports evidence-informed policy-making by proposing a quantitative and comprehensive environmental sustainability impact assessment methodology, integrating both ecosystem and life-cycle based methods, to a Belgian multi-use case study involving offshore wind energy and mussel farming. Considering the impacts that were possible to assess and the limits of the methodology used, the value of the positive impacts of the MUOF was +61.3 M€ y−, while the negative ones were −4.0 M€ y−1, resulting in a net handprint of +57.0 M€ y−1, primarily attributed to the benefits of the local ecosystem service ‘offshore renewable energy’ However, such a solution is not necessarily scalable, due to cumulative impacts. An analysis was conducted to identify areas for enhancing the methodology to more effectively meet policy needs. The study highlights the importance of using scientifically grounded methods to inform policy decisions.

Taming the Faceless Beast: Legislating Deepfake Technology

Objective: To deal with the potential deepfake abilities demonstrated by its diverse applications, legal systems have the choice to block this technology completely, allow it and deal with its issues later, or legislate it. Chinese legal system, for example, chose to ban the technology and its applications. If the choice was legislating deepfake, then the question will be what is the most suitable legal ground to use? Methodology: To answer this question, legislators should consider the national laws and the culture of any given legal system by using analytic methodology to the current legislative. Results: Furthermore, it appears that one legal ground is not enough to legislate deepfake technology due to the vast applications of this technology. Also, the ideology of legal principles should be mature enough in order to be used as a legal ground when legislating deepfake. Conclusion: if the copyright law is not advanced in certain legal system, then that legal system cannot legislate deepfake based on copyright legal ground or the results will be insufficient. The deepfake legislating process should not imply prohibiting the technology; in fact, legislating deepfake can boost certain useful application. Keywords: legislation, deepfake(s), deep learning, artificial intelligence.

MODERN CONCEPT OF OCCUPATIONAL SAFETY AND HEALTH MANAGEMENT WITH A RISK-BASED APPROACH

The article justifies implementing a risk-based approach (RBA) in occupational safety and health (OSH) management. It considers the limitations of traditional methods of implementing preventive measures focused on reactive measures designed to respond to immediate security challenges. It further proposes modern proactive strategies that can monitor, predict, and prevent dangerous situations in the workplace in advance. The study develops and substantiates the RBA’s main principles and underscores elements, methodologies, and their integration into existing OSH management systems. It provides arguments to support decentralising decision-making closer to the sources of hazards to allow for a faster and more effective response. It also emphasises the fragmented nature of the current occupational safety and health legislation, making it challenging to integrate RBA. Recommendations suggest improving the legislative framework to support RBA and provide employers greater flexibility in choosing risk management tools and methods. The authors recognise a systematic risk monitoring and assessment approach as a critical need. The absence of regular audits and risk assessments hinders the identification and prevention of hazards. The study proposes the introduction of modern technologies and methodologies, such as the Fine and Kinney method, the Elmeri system, and the Ishikawa diagram, to improve the risk identification and assessment processes. The article also stresses the importance of informing employees about potential risks and preventive measures, which contributes to the overall safety culture in organisations. In addition, the authors outline an algorithm for implementing RBA, which includes auditing workplaces, creating electronic registers, developing safety instructions, systematic risk assessment, documenting results, and informing stakeholders. The proposed approach aims to proactively identify and mitigate occupational risks, which helps to reduce workplace accidents and occupational diseases. The article concludes that the transition to a risk-based approach is essential for improving workplace safety, reducing occupational risks, and supporting the sustainable development of enterprises. By applying RBA, organisations can achieve higher occupational safety, reduce the costs associated with accidents and injuries, and contribute to a safer and healthier work environment. Keywords: risks, occupational safety, occupational health, production, risk-based approach.

Justification for the need to introduce a state classification of freight forwarders

The purpose of the study is to establish criteria for classifying freight forwarders. SWOT and ABC analysis methods were used. Problem areas of the Russian transport services market were identified and a classification option for freight forwarders was developed. A restraining factor in the development of any operator company in the Russian market is low trust on the part of customers. Often, in order to attract a large number of customers, firms take on obligations for which they do not have the necessary resources. The creation of a normative classifier of freight forwarders will solve this problem. Thus, customers will receive better information about the services, and operators will be forced to improve the quality of services by increasing the level of customer focus and integrating innovative technologies. Based on the results of the study, an analysis of the transport services market was conducted and a classification option for freight forwarders by levels was proposed, which will allow the state to collect statistical information on the current state of affairs and form a further development strategy on its basis. This work can be used to develop the transport strategy of the Russian Federation. The practical significance of the study is an option for amending the current legislation in order to increase the level of interaction between customers and freight forwarding companies.

Аналитическая оценка правового регулирования реализации профессиональных услуг средними медицинскими работниками в качестве дополнительного дохода.

In the Russian Federation, the practice of providing medical services at home by specialists with secondary medical education has developed. Despite the fact that there are currently no direct restrictions on entrepreneurial activity in the Russian Federation, the existing legal framework for the sale of professional services by secondary medical workers contains a number of lacunae that contribute to the development of the shadow economy of healthcare. According to expert estimates, the revenues of the shadow market of medical services in 2023 amounted to 215 billion in real terms. At the same time, services provided to patients outside the framework of the legislation of the Russian Federation may be of poor quality due to non-compliance by performers with standards of medical care, failure to comply with sanitary and epidemiological norms and rules, and lack of control by inspection bodies. The purpose of the study is to use international experience to conduct an analytical assessment of the legal regulation of the sale of professional services by secondary medical professionals as an additional income. Methods and materials. The study analyzed the legislation of six countries: the Russian Federation, the Republic of Kazakhstan, the Republic of Uzbekistan, the Federal Republic of Germany, the French Republic and the Kingdom of Belgium on the provision of paid medical services by specialists with secondary medical education. Results. One of the reasons for the growth of the shadow sector, it seems possible to highlight the problem of excessive legal regulation of the commercial activities of nursing staff. In the Russian Federation, the provision of «nursing» medical services refers to licensed activities. At the same time, the development of current legislation on «self-employment» with the addition of «services of secondary medical personnel» to the list of activities will allow legalizing part of the shadow sector of medical services. According to the above comparative legal analysis, nurses in Uzbekistan, Germany, France and Belgium can work in the statuses of «selfemployed», «Freiberufler», «Entreprise individuelle» and «self-employed», respectively. Each of the statuses allows specialists with secondary professional medical education to provide their services within the legal framework, conclude contracts with patients and maintain medical records without excessive licensing rules, which are presented in the Russian Federation or the Republic of Kazakhstan. Conclusion. Thus, both according to expert estimates and according to the results of a comparative legal study, in order to reduce the size of the shadow sector of medical services, in particular, to legalize the provision of nursing care «at home», it seems rational to add the services of specialists with secondary medical education to the list of activities provided by the self-employed in accordance with Federal Law «On conducting an experiment to establish a special tax regime «Tax on professional income».

Sustainable Construction in post-industrial Ursus district in Warsaw: Biologically Active Areas on Roofs and Underground Garages

Urbanization leads to the expansion of urban areas and increased population density, which has a negative impact on natural resources, including green spaces. To address these environmental challenges, various green measures and sustainable development practices offer environmental, economic and societal benefits. This article provides an overview of different types of green roofs, discusses their advantages and disadvantages, and outlines current legislation on biologically active areas in new residential developments. A residential project in the Ursus district of Warsaw was used as a case study to compare intensive and extensive green roofs. The project involved the installation of vegetation on the roof of an underground garage and later on the roof of the building, with detailed descriptions of the roof layers and vegetation used. One experiment examined seasonal variations in water runoff from green roofs. Three test sites simulated different seasons, with substrates in containers and vegetation watered twice daily. Results showed that spring, with temperatures around 15°C, provided optimal conditions for green roof establishment, while winter posed challenges due to frost. Both intensive and extensive green roofs have positive environmental, social and economic impacts, supporting the pillars of sustainable development. Examples of global green infrastructure further illustrate these benefits.

Terms of consideration of claims in disciplinary proceedings through the prism of individual decisions of the Higher Qualification and Disciplinary Bar Commission

The article analyzes some aspects of consideration of claims (complaints) for improper behavior of an advocate, which may result in his disciplinary responsibility, in terms of compliance with the terms of consideration of such claims (complaints) provided for by the current legislation. To date, the legislation provides for any person to file a complaint against an advocate regarding the disciplinary action of the latter. This opportunity is primarily intended to protect people’s rights from unlawful and illegal actions of an advocate. The protection of rights includes, among other things, the inevitable onset of specific disciplinary responsibility of the advocate. The author analyzed the decisions made by the Higher Qualification and Disciplinary Bar Commission based on the results of the review of the decisions of the Qualification and Disciplinary Bar Commissions regarding compliance with the terms of disciplinary proceedings in the process of considering claims (complaints) regarding the behavior of advocates. Through the prism of the decisions of the HQDBC, the approximate terms of the disciplinary proceedings have been established, within which claims (complaints) are considered. This study took into account the decisions of the HQDBC, made by this self-governing body of the bar in 2023. These decisions related to the QDBC’s inaction regarding failure to make timely decisions based on the results of the claim (complaint) submitted to advocates, groundless suspension of disciplinary proceedings against the advocates, long-term inaction of the QDBC regarding failure to take any actions to consider the claim (complaint). The analysis of these decisions made it possible to distinguish problems that directly affect the legality of the final decision of the QDBC. At the same time, such an analysis made it possible to assess the systemic nature of this problem and determine its causes. According to the results of the study of the Law of Ukraine “On the Bar and Practice of Law” [1], the author concluded that there is no article in it that would provide for the responsibility of persons participating in the decision-making of the QDBC, which contributes to the violation of the principle of reasonable time of the hearing. In turn, the analysis of the practice of the decisions of the HQDBC provided an opportunity to confirm the fact that the terms of consideration of cases are too long, exceed the limits of both reasonable time of the hearing and the terms specified in sub-legal normative acts, and often lead advocates to avoid responsibility.

Biotransformation of Tropical Fruit By-Products for the Development of Kombucha Analogues with Antioxidant Potential.

In a country where millions of people have nutritional needs, innovative ways of producing food from commonly wasted agro-industrial by-products, can be an important alternative for the production of fermented beverages. In light of this, the aim of this study is to evaluate the potential of fruit by-products from acerola, guava and tamarind for the production of fermented beverages. Physicochemical and microbiological parameters, total antioxidant capacity and fermentation kinetics were investigated during the first (at 0, 48, 72, 96 and 168 h) and second fermentation (at 0 and 24 h). The acid profile of fermented beverages was determined by chromatography, and the sensory profile was determined by consumer acceptance test. Physicochemical parameters of all formulations complied with current legislation and were of satisfactory microbiological quality. The reslts of fermentation kinetics showed that both pH and soluble solids content decreased - with an average final pH of 3.12, 2.85 and 2.78 for the acerola, guava and tamarind formulations, respectively - while acidity increased with final values of 0.94, 0.75 and 1 % for the same formulations. Of all formulations, tamarind had the highest total soluble solids content (8.17 g/100 g), and acerola had the highest antioxidant potential determined as Trolox equivalents ((20.0±0.8) μM/g). Organic acids were found in all samples, with mainly glucuronic acid detected in the kombucha beverages. All formulations showed satisfactory sensory acceptability, although the results were better for guava. The fruit by-products can be used as raw materials for the development of alternative kombucha beverages. As consumers are increasingly selective in their food choices, the development of food products with high nutritional value has increased significantly in recent years. New types of fermentable beverages such as kombucha - using tropical fruit by-products to enhance their chemical composition, sensory properties and nutritional value - have created new opportunities for beverage consumption and offer greater health benefits than the traditional version, where only Camellia sinensis is used. The promotion of these co-products and their respective beverages is an excellent opportunity for sustainability and their commercialisation.

The Consumer Protection Framework of Macau Scam in Malaysia

Technological advancements have enabled the rise of various fraudulent schemes, with the Macau or phone scam becoming particularly prevalent in Malaysia. Regardless of the extensive publicity surrounding the Macau scam, every individual is susceptible to becoming a victim. Macau scam poses a significant threat, causing victims to lose their hard-earned money and suffer severe financial and psychological consequences. Hence, the primary aim of this study is to explore the consumer protection framework that safeguards consumers from Macau scammers. The investigation encompassed the current legislation and institutions pertaining to the Macau scam, which includes the existing laws and institutions related to the Macau scam. Document analysis was employed to collect information from government reports, journals, articles, laws, and other relevant materials concerning scams. The research findings suggest that the current consumer protection framework regarding the Macau scam in Malaysia can be further enhanced. Such improvement can be accomplished by strengthening the current legislation and advocating for measures to educate consumers.

Peculiarities of criminal liability for intentional destruction or damage to someone else’s property

The article reveals the specifics of criminal liability for intentional destruction or damage to someone else’s property provided for in Article 194 of the Criminal Code of Ukraine. The problematic issues of the composition of the criminal offense of intentional destruction or damage to someone else’s property are analyzed, the difference between this composition and the intentional destruction or damage to property that has special features (objects of the electric power industry, nature reserve fund, archaeological heritage, weapons, military supplies, official documents, military property, etc.). Intentional destruction or damage to someone else’s property, which has special features to be qualified according to the special norms provided for by articles: 113, 1941, 252, 258, 292, 298, 338, 357, 360, 378, 399, 411, 437, 433, 438 of the Criminal Code, is proposed. of Ukraine. On the basis of the analysis of judicial practice, it was proposed that in the case of using an explosive device, for the intentional destruction or damage of someone else’s property, such actions of the perpetrator must be additionally qualified under Part 1 of Art. 263 of the Criminal Code of Ukraine. The imperfection of the provisions of the current criminal legislation in terms of the formulation of the qualifying signs of intentional destruction or damage to property was revealed. It has been established that the current legislation of Ukraine on criminal responsibility does not include the concept of a generally dangerous method, arson, explosion, the content of the death of people, serious consequences is not disclosed. The concept of a generally dangerous method and its varieties is proposed. The concept of a generally dangerous method and its varieties is proposed. A generally dangerous method of intentional destruction or damage to property is a method that causes property, non-property, physical damage to an individual or legal entity or creates a real danger of causing such damage to two or more people. In order to avoid unnecessary differentiation of criminal law norms, it is proposed to exclude from the Criminal Code of Ukraine articles 347, 3471, 352, and part 2 of Art. 194 of the Criminal Code of Ukraine to add the sign of intentional destruction or damage to someone else’s property in connection with the person’s performance of official powers or professional duties.

The examiner as a subject of a party to criminal proceedings by the prosecution

It is indicated that the process of modernization of the system of criminal justice bodies is underway in Ukraine, the purpose of which is to improve the system of public administration and improve mechanisms for protecting the rights and freedoms of citizens. In particular, the concept of criminal justice reform of Ukraine, approved by the Decree of the President of Ukraine dated 04/08/2008 No. 311/2008, was implemented in the aspect of updating criminal, criminal procedural and administrative tort legislation. As part of the humanization of criminal legislation, the following steps have been taken: felony crimes have been reclassified as criminal misdemeanors, the procedure for bringing to justice persons who have committed criminal misdemeanors has been simplified, and the work of criminal justice bodies has been optimized in the detection, investigation, and trial of cases. The scientific publication examines topical issues of the place and role of the investigator in criminal proceedings, including through a comparison of the procedural status of the investigator and the investigator. Taking into account the powers of the inquirer, defined by the law that introduces this institute, the burden on the specified subject of criminal proceedings is examined in comparison with the investigator on the example of a specific region, with statistical data on registered, completed and sent to court criminal proceedings. The norms of the current criminal procedural legislation are analyzed, which determine the authority of the inquirer in the process of carrying out a pre-trial investigation of criminal misdemeanors. The legal status of the inquirer as a subject of registration in the Unified Register of Pretrial Investigations is outlined, the imperfection of the introduced norms is noted due to the limitation of the procedural powers of the head of the inquiry in comparison with the head of the investigative unit, and the negative procedural consequences are indicated due to some legislative gaps that require amendments to the current Criminal Code of the procedural code of Ukraine. Based on the results of the research, conclusions and proposals regarding the improvement of national legislation were formulated, and the prospect of further research on this topic was determined.